In a significant legal development, the Supreme Court of India has dismissed the bail plea of Gurwinder Singh, an alleged member of the banned terror outfit Sikhs for Justice. The accused was implicated in hanging pro-Khalistan cloth banners on a flyover in Amritsar in October 2018. The division bench of Justices MM Sundresh and Aravind Kumar, firmly rejected the argument for bail based on trial delays, asserting that in cases involving serious offenses, mere delays in the legal proceedings cannot be grounds for release.

The charges against Gurwinder Singh include offenses under the Unlawful Activities Prevention Act (UAPA), a stringent anti-terrorism law, among other charges. The Punjab Police's initial investigation revealed a larger network associated with the banned terrorist organization "Sikhs for Justice." The case was subsequently handed over to the National Investigation Agency (NIA) in April 2020.

The NIA's probe unearthed significant details, indicating that the accused received funds through illicit channels from "Sikhs for Justice." These funds were alleged to be channeled through hawala transactions to support the Khalistani separatist ideology, advocating for a separate state for Sikhs. Furthermore, Gurwinder Singh was accused of involvement in ancillary terror activities, including the procurement of weapons with the assistance of an ISI handler.

The rejection of the bail plea by the Supreme Court emphasized the potential influence the accused could have on key witnesses, hindering the justice process. The court noted that the principle of "bail, not jail" is alien to UAPA cases, emphasizing the restrictive scope of granting bail under the UAP Act. Despite the trial being underway and 22 witnesses already examined, the court found prima facie evidence indicating the accused's complicity in the conspiracy.

The decision follows a prior rejection of a bail plea by the Punjab and Haryana High Court in April 2023 after the trial court had refused to grant bail. The Supreme Court, in its recent ruling, clarified that no opinions on the merits of the case were expressed, highlighting the careful examination required in bail applications under the UAP Act.

Senior Advocate Colin Gonsalves, along with advocates Satya Mitra, Mugdha, and Kamran Khawaja, represented Gurwinder Singh, while Additional Solicitor General Suryaprakash V Raju, with a team of advocates, appeared for the NIA. Deputy Advocate General Vivek Jain, along with advocates Karan Sharma and Rishabh Sharma, represented the State of Punjab in this landmark legal battle.

Case: Gurwinder Singh vs State of Punjab and anr,

CRIMINAL APPEAL NO.704 of 2024 (@ SPECIAL LEAVE PETITION (CRIMINAL) No.10047 of 2023).

Click to read/download judgment.